Could Ohio ER Workers Become Immune to Malpractice Lawsuits?

Reasons for visiting an emergency room are as varied as there are number
of patients. All of the reasons do, however, have at least one commonality:
fast medical care is needed.

In the world of providing medical care at an expedited rate, care decisions
(some of which are truly life and death) have to be made instantly. While
no one doubts the good and pure intentions of the doctors, EMTs and nurses,
mistakes do happen. Sadly, some of these mistakes have very expensive,
life-long consequences.

A fast-paced environment and good intentions do not make up for the fact
that the consequences of a mistake must be borne by someone. From expensive
medical bills and rehabilitative care to lost wages and future care,
hospital errors can cost a patient more than just pain and suffering. To recoup many of
these past and future expenses, patients who are the unwitting victims
of medical errors are able to file lawsuits seeking compensation from
those who cause them injury. Sometimes, the amount compensation recovered
is large, and justifiably so.

SOVEREIGN IMMUNITY FOR ER WORKERS

Recently, lawmakers in Florida attempted - and failed - to extend sovereign
immunity to doctors,
nurses and other emergency care workers in private emergency rooms. Sovereign
immunity protects a government or government worker from being sued in
their official capacity (or, in the case of Florida, imposes a cap on
the amount of the award).

The practical effect of extending sovereign immunity to ER workers would
be to limit the recovery of the injured to $200,000, unless the legislature
waived the cap in a particular instance.

Lawmakers in Florida cited the need to reign in the cost of healthcare
and a shortage of specialists willing to work in private ERs as reasons
for extending sovereign immunity to ER workers. Linda Quick of the South
Florida Hospital and Healthcare Association told the South Florida Business
Journal that many doctors refuse to work in ERs because they are fearful of
physician negligence lawsuits.

The concerns of the lawmakers may be justifiable, but remedying these issues
on the backs of the injured is incomprehensible. Having to live with the
life-long results of a medical error is one thing, forcing the injured
to bear the monetary costs of someone else's mistake is re-victimization.

It is not out of the realm of possibilities that the wave of tort reform
could wash ashore in Ohio, requiring lawmakers to consider the issue of
sovereign immunity for ER workers. For now, the injured still have the
right to seek compensation in a court of law, for the injuries inflicted
upon them. If you have been injured by the negligence of a doctor, nurse
or other ER worker, speak with an experienced
medical malpractice attorney in your area.

Cleveland Personal Injury Attorneys

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.